FAQ

Note: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

The bottom line is that a reputable Virginia personal injury attorney will not accept your case if the attorney thinks that you won’t be able to get more damages than what the insurance companies involved are already offering. Remember that insurance companies want to settle for as little as possible, which could possibly leave you with a settlement that doesn’t adequately address all of your accident-related expenses, such as ongoing medical costs and lost wages. You should at least consult a lawyer before settling with the insurance company. At Overbey, Hawkins & Wright, your consultation is free and there are no obligations.
[post_title] => Do I need a lawyer to settle my personal injury case?
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[post_date] => 2015-09-16 17:37:03
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[post_content] => Insurance carriers typically refuse to pay anything on a claim until you are ready to sign a complete and total release. Consequently, you will not want to settle until you completely recovered.
If the accident causes permanent injuries, you will not want to settle until your doctor is able to predict the long term effects of those injuries. We call this point “maximum medical improvement.” From that point, receiving full and fair compensation takes anywhere between a few months and several years depending on the complexity of the case. Give Overbey, Hawkins & Wright a call to get ahead of the game and start the recovery process.
[post_title] => How long does it take to finish my case?
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[post_date] => 2015-09-25 17:42:47
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[post_content] => Hi, I’m Sam Vance with Overbey, Hawkins & Wright. One common misconception is that you will have to pay legal fees up front for representation in your auto accident case. On the contrary, your attorney is only paid if he recovers for you. If your attorney does not recover, then he does not paid.
Further, your initial consultation is free of charge. Give us a call to discuss exactly how your case is funded in more detail and for answers to all your other personal injury questions. Call us for your risk-free consultation today.
[post_title] => How much does a lawyer cost?
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[post_date] => 2015-09-04 17:46:58
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[post_content] => My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. Most Virginia Virginia personal injury lawyers charge a contingency fee. That means you do not pay the lawyer a fee if you lose your case.
The fee varies for each lawyer, but typically it is around one-third of the total recovery. Some firms charge upwards of fifty percent of your total recovery. At Overbey, Hawkins & Wright, the fee is one-third of whatever we recover for you. Contact us if you’ve been injured in a car accident, we can help.
[post_title] => How much does a personal injury lawyer cost?
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[post_content] => Hi, I am Sam Vance and I am an attorney with Overbey, Hawkins & Wright. Many accident victims want to know how much money they can expect to receive for their injuries. This is a difficult question and the answer depends on the extent of your injuries, along with many other factors.
You won’t really know how much your injuries have cost until you go through your full course of treatment, reaching maximum medical improvement. In addition, there are other factors that must be considered; such as pain and suffering, mental anguish and inconvenience.
We are here to help you with these questions and more. Call us for an appointment today.
[post_title] => How much money can I expect from my personal injury case?
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[post_date] => 2015-09-16 17:36:09
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[post_content] => When injured in an accident, you can sue any person whose negligent act caused the wreck. That includes the driver of a car in which you were riding.
That driver is entitled to raise the same legal defenses as any other driver to your claim. However, their status as a driver of a car in which you were a passenger does not allow them to escape responsibility for causing the accident.
[post_title] => I was a passenger and injured in a car accident, who can I sue?
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[post_content] => My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. A passenger in a car wreck can recover damages for injuries caused by the driver of the vehicle in which they were riding, and the other driver, if either driver was negligent in causing the accident. If both drivers were negligent and their concurrent negligence caused your injuries, then both drivers could be legally responsible for your harms and losses.
However, there are some exceptions to this rule. For example, if you knowingly get into a car with a drunk driver, then you may assume the risk of getting injured by that drunk driver’s negligence. The moral of the story is: be careful who you get into the car with. If you were a passenger in a car and you were injured through no fault of your own, you should consult a Virginia injury lawyer to determine if you can recover for your harms and losses. At Overbey, Hawkins & Wright, we will sit down and talk to you free of charge, no obligations.
[post_title] => If I was injured as a passenger, who is liable for my injuries?
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[post_date] => 2015-09-26 17:44:44
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[post_content] => Hi, my name is Sam Vance and I am an attorney with Overbey, Hawkins & Wright. The other party’s insurance will want to settle your case quickly. The problem is, they represent their insured, not you. And often, you will not be able to tell that they do not represent you because they will sound concerned you and your injuries.
You need to consult an attorney at the beginning of your case before you deal with insurance adjusters. You need aggressive representation on your side that is watching out for you. Before you agree to anything, call us today.
[post_title] => Should I consult a Virginia attorney?
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[post_date] => 2015-09-16 17:35:13
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[post_content] => After a car accident, you should go to the doctor as soon as you experience symptoms. The doctor will document your symptoms which becomes important later when he must determine whether the accident caused your injuries.
If you wait to get treatment, the doctor may be unable to say for certain whether the accident is the cause. Your ability to recover for your injuries will depend on the doctor’s ability to make the connection to the accident. Overbey, Hawkins & Wright can help you navigate the complex legal process.
[post_title] => Should I go to the doctor after a car accident?
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[post_date] => 2015-08-29 23:49:03
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[post_content] => You’re involved in an accident and you think you might be hurt. What should you do?

1. When the police officer arrives, don’t tell him that you are not hurt. If you say that you think that you might have some injuries, but you don’t want to go to the hospital, that’s okay. You don’t have to go to the hospital. But if you say you’re not hurt and you’re having aches and pains, the officer is going to write in his report that you are not injured and that may hurt you later if you find out that you’re having more problems than you thought you were going to have.

2. If you are hurting, go to the hospital. If you don’t want to go to the hospital you can go to your family doctor or an urgent care office of some kind. It needs to be documentation as to the injuries that you have. You need to go immediately, or as soon as possible. You can go the next day, but you need to go quickly.

3. Tell your doctor everything that is hurting you, not just those things that seem like they are hurting you the most. Sometimes, further down the road the things that may seem minor at the scene or the hospital. So be sure to mention everything that is hurting you.

4. Phone your own insurance company. Why do you phone your own insurance company if someone else caused the accident? Well, there might be problems with the insurance, but you need to let them know so they can investigate if they need to.

Lastly, call an attorney. At our office, the initial consultation is free.

At the scene, the most important thing you do is call the police. You want to be sure that there is an accident report that is made so that later on, you have the officer as a witness as to what happened, and what the people said.

Before the officer gets there, gather your thoughts. You want to gather your thoughts, be coherent and organized when the officer gets there. Then, if you need to reconstruct what happened such as where you were coming from, how the accident happened, and what land marks might be there and available that you can point out to the officer.

You, or someone on your behalf, should try to take photographs of the accident scene and the vehicles. When I say “scene," I mean with the vehicles as they are before they are moved, if at all possible. Go up the road and take pictures, and go down the road and take pictures.

Get the names and phone numbers of any witnesses to the accident. The officer may get them, but he may not, too, and you need to make sure that you have those folks available later on if you have to.

[post_title] => What do I do if I'm in a car accident?
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[post_date] => 2015-09-24 17:41:46
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[post_content] => Hi, I’m Sam Vance with Overbey, Hawkins & Wright. Automobile accidents involving commercial vehicles can get very complex. Often there will be multiple parties involved, so it can get confusing.
You will need an attorney to help you determine if the other driver was on the job at the time of the accident and just how the employer fits into the equation. There may be significant insurance coverage maintained by the commercial employer in many circumstances. We are here to help you sort out who is responsible for your accident. Please call us today for your free consultation and we’ll get started.
[post_title] => What if a driver of a commercial vehicle caused my accident?
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[post_date] => 2015-08-30 13:01:09
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[post_content] => If a tractor traileror a commercial vehicle has caused my accident, how is that different? Well, it is different. Your damages are likely to be greater. Those vehicles are large, heavy, and can cause a lot of damage to you and your motor vehicle.
Next, the insurance coverage is going to be different. Commercial vehicles are required to carry much more than the average amount of insurance. In many cases, up to a million dollars. Commercial vehicles often have data recorders, that is "black boxes" that record what happened in your accident. They also may record how long the vehicle has been driving and under what conditions. Then, there are regulations that cover commercial vehicles. Regulations that say how long a commercial driver can be driving, how many hours, when he has to take breaks and when he has to get sleep. Some commercial vehicles have "on-board" cameras that may record what happened in your accident. It’s very important to consult an attorney early in a case where a commercial vehicle is involved. That way, you can be sure that all important data is collected and preserved.
[post_title] => What if a tractor-trailer hit me and caused injuries?
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[post_date] => 2015-09-16 17:34:19
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[post_content] => You can still sue an at-fault driver who has no insurance, although collecting a judgment can be difficult when there are no available insurance funds. Fortunately, car insurance policies in Virginia all contain an “uninsured motorist” provision to protect you from uninsured drivers.
If the at-fault driver is uninsured, your insurance company will provide coverage for your injuries up to the limits of coverage on your policy. The declaration page of your insurance policy lists the uninsured motorist cover policy limit. Our firm, Overbey, Hawkins & Wright, can help you understand the coverage you have and find all available sources of coverage.
[post_title] => What if the at fault driver doesn't have insurance?
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[post_date] => 2015-08-02 13:00:40
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[post_content] => Well, if someone you know is having cognitive difficulties after an auto accident, they may have it. You need have them seen by a doctor immediately.
Then brain floats in a fluid inside the head. In an accident, if the head hits something, the skull will stop but the brain will keep moving and hit inside the skull. Bruising and bleeding of the brain may be the result. You may see confusion, inability to perform certain tasks and even a change in personality. There may be a concussion, although that’s not always the case. The accident was the fault of someone else. You should consult with an attorney who is experienced in traumatic brain injuries.
[post_title] => What is a traumatic brain injury?
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[post_name] => traumatic-brain-injury
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[post_modified] => 2016-01-06 16:16:24
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[post_date] => 2015-08-01 12:58:26
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[post_content] => Well, as you may expect, it is a death caused by a wrongful act caused by the negligence of someone, perhaps in a car wreck. A wrongful death case has to be filed by the official representative of the estate of the deceased, usually the administrator or the executor of the estate.
Damages, in such cases, are based on income that was provided for family members. In addition, there are damages for solace; the personal loss by close family members of the companionship, comfort and guidance of the deceased. For more detail, give our firm a call. The initial consultation is free and there is no obligation.
[post_title] => What is a wrongful death?
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[post_content] => What is Med-Pay Provision that I see in my own automobile policy and why should I have it? Well, it’s medical payments. You pay a separate premium to have that in your auto policy. It is very important that you have that because if you’re injured in an accident, and even if you have underlying health care, it will not pay everything.
The additional medical payment from your auto policy will pay regardless of whose at fault in the accident, and it will pay to all persons who are injured in your vehicle. You can collect that in addition to all other applicable insurance. It’s something very important to have and something an experienced attorney can help you collect in every case.
[post_title] => What is medpay?
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[post_date] => 2015-09-16 17:33:43
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[post_content] => Immediately after the car accident, you should call 911 so that the police can investigate and emergency medical personnel can be dispatched as needed.
Tell the police exactly how the accident happened as soon as you are able to talk. Get the names and contact information of any witnesses. Be sure to report all injuries, no matter how minor they may seem, to emergency medical personnel. Contact your car insurance company to let them know the accident happened. Finally, contact an attorney who can help you with the process – Overbey, Hawkins & Wright is just a phone call away.
[post_title] => What should I do after a car accident?
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[post_content] => My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. I frequently hear people ask, who is going to pay for my car and my medical bills after a car wreck? The answer is simple: the person who caused your property damage and medical bills is liable for those expenses, among others, if she was negligent in causing such harms and losses.
Virginia law requires that drivers have automobile liability insurance to cover property damage and bodily injuries. But insurance companies will not pay for those items unless you settle in full and release them from future liability. In the alternative, you should submit your medical bills to your health insurance company to make sure that you get all of the necessary treatment when you need it. Additionally, your insurance policy may have medical expense payments coverage. That means that your insurance company will cover your medical care. In short, there may be several sources of compensation for your personal injuries and property damage. You should contact an attorney to help determine who is liable for those expenses.
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[post_content] => Hi, I am Sam Vance with Overbey, Hawkins & Wright. If you have had an accident, you may be wondering how you will pay for your medical bills. The answer is not always easy as there may be several options available to you.
Some of these options may include your health insurance, Medicare or Medicaid, no-fault medical pay from your auto insurance and more. That’s why we’re here to help – we will help you identify and exhaust all available options so that you are not let out to dry. Call us for a consultation today.
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[post_content] => If your car is damaged in an accident caused by an at-fault driver, you are entitled to a rental car as part of your claim. The insurance carrier must pay for the rental car for a reasonable period of time, usually the amount of time necessary to repair your vehicle.
The rental car must be reasonably comparable to your damaged car. If you were driving a Toyota, you cannot expect the insurance company to provide a Mercedes. By the same token, if you had an SUV, you should demand more than a subcompact rental car. Contact us, Overbey, Hawkins & Wright, for help.
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Am I entitled to a rental car after an accident?

If your car is damaged in an accident caused by an at-fault driver, you are entitled to a rental car as part of your claim. The insurance carrier must pay for the rental car for a reasonable period of time, usually the amount of time necessary to repair your vehicle.

Am I entitled to lost wages?

When you are injured in a car accident due to another person’s negligent act, you may need to miss time from work while recovering from your injuries. Provided your doctor can confirm that the accident related injuries caused you to miss work, you are entitled to recover the resulting lost wages.

Am I required to give a statement to the insurance company?

You are not required to give a recorded statement to the insurance company of the driver who caused the accident. However, you may be required as a term of your insurance policy to give a recorded statement to your own insurance company.

Am I required to have liability insurance in Virginia?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. In Virginia, you must have at least $25,000 in liability automobile insurance or you must pay $500.00 to the Department of Motor Vehicles for the uninsured motorist fund.

Can I recover if I got a ticket after the accident?

Can I sue for loss of consortium?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. Car accidents affect many people, including the loved ones of those injured in a collision. Virginia does not recognize a spouse’s independent claim for loss of consortium.

Can I sue if I was partially at fault in the accident?

Do I have to go to court to recover for my injuries?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. If the insurance company is denying liability or claiming that you are not injured, or that you are not injured as seriously as you claim, then the only way to recover what you are entitled to is to go to court.

Do I have to go to court?

Do I have to reimburse my health insurance company?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. After your personal injury case is over and you have received compensation from the insurance company, you may have to reimburse your health insurance company if you are awarded damages in your Virginia car accident case. Every health plan is different, and before we can answer whether you will have to repay your health insurance company, we need to review your plan specifically.

Do I need a lawyer to settle my personal injury case?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. People frequently ask, “Do I need a lawyer to settle my case?” The short answer to your question is no. There is no law that requires you to hire an attorney for a personal injury case.

How much does a lawyer cost?

Hi, I’m Sam Vance with Overbey, Hawkins & Wright. One common misconception is that you will have to pay legal fees up front for representation in your auto accident case. On the contrary, your attorney is only paid if he recovers for you. If your attorney does not recover, then he does not paid.

How much does a personal injury lawyer cost?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. Most Virginia Virginia personal injury lawyers charge a contingency fee. That means you do not pay the lawyer a fee if you lose your case.

How much money can I expect from my personal injury case?

Hi, I am Sam Vance and I am an attorney with Overbey, Hawkins & Wright. Many accident victims want to know how much money they can expect to receive for their injuries. This is a difficult question and the answer depends on the extent of your injuries, along with many other factors.

I was a passenger and injured in a car accident, who can I sue?

If I was injured as a passenger, who is liable for my injuries?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. A passenger in a car wreck can recover damages for injuries caused by the driver of the vehicle in which they were riding, and the other driver, if either driver was negligent in causing the accident. If both drivers were negligent and their concurrent negligence caused your injuries, then both drivers could be legally responsible for your harms and losses.

Should I consult a Virginia attorney?

Hi, my name is Sam Vance and I am an attorney with Overbey, Hawkins & Wright. The other party’s insurance will want to settle your case quickly. The problem is, they represent their insured, not you. And often, you will not be able to tell that they do not represent you because they will sound concerned you and your injuries.

Should I go to the doctor after a car accident?

After a car accident, you should go to the doctor as soon as you experience symptoms. The doctor will document your symptoms which becomes important later when he must determine whether the accident caused your injuries.

What if a tractor-trailer hit me and caused injuries?

If a tractor traileror a commercial vehicle has caused my accident, how is that different? Well, it is different. Your damages are likely to be greater. Those vehicles are large, heavy, and can cause a lot of damage to you and your motor vehicle.

What if the at fault driver doesn’t have insurance?

You can still sue an at-fault driver who has no insurance, although collecting a judgment can be difficult when there are no available insurance funds. Fortunately, car insurance policies in Virginia all contain an “uninsured motorist” provision to protect you from uninsured drivers.

What is a traumatic brain injury?

What is a wrongful death?

Well, as you may expect, it is a death caused by a wrongful act caused by the negligence of someone, perhaps in a car wreck. A wrongful death case has to be filed by the official representative of the estate of the deceased, usually the administrator or the executor of the estate.

What is medpay?

What is Med-Pay Provision that I see in my own automobile policy and why should I have it? Well, it’s medical payments. You pay a separate premium to have that in your auto policy. It is very important that you have that because if you’re injured in an accident, and even if you have underlying health care, it will not pay everything.

What should I do after a car accident?

Who is going to pay for my medical bills and car damage?

My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. I frequently hear people ask, who is going to pay for my car and my medical bills after a car wreck? The answer is simple: the person who caused your property damage and medical bills is liable for those expenses, among others, if she was negligent in causing such harms and losses.

Who is responsible for my medical bills after an accident?

Hi, I am Sam Vance with Overbey, Hawkins & Wright. If you have had an accident, you may be wondering how you will pay for your medical bills. The answer is not always easy as there may be several options available to you.